Hindu Undivided Family or HUF is a legal entity. It comes into existence
when one marries and starts a family. A HUF consists of husband wife and their
children. Husband is called Karta of the HUF. He looks after the affairs of the
HUF. Other family members are called coparceners.
This can be used as a tool for wealth creation and wealth preservation. HUF
can do this by reducing the taxes, if properly used.
For tax purpose, HUF is a separate entity.
As indicated, HUF comes into existence when one marries. HUF can acquire
assets in various ways. Main one of them is through a will or inheritance. For
example, a grad father can bequeath a house to the HUF of son or grand son.
When this is done, such gift belongs to all coparceners and all the coparceners
have a right on HUF assets or income arising out of them.
There is an interesting and detailed post on this in Jagoinvesotr blog. One
can see that by clicking the following link.
http://www.jagoinvestor.com/2011/10/huf-creation-and-saving-tax.html
As indicated, HUF is a separate legal and tax entity.
Procedure to create HUF
One has to apply for a PAN card for his HUF. One can apply online on NSDL
site for a HUF PAN card. But a copy of signed application along with document
proofs as specified in their website are to be sent as advised on the website.
Aftert his, PAN card will be home delivered in 1-2 weeks time.
Then with this pan card and necessary address proofs, one can open an
account for his HUF in
a bank.
Managing HUF
A person opening HUF account will be Karta of the HUF. When Karta is signing
on behalf of HUF, he has to necessarily stamp stating that he is Karta.
One needs to take precautions while getting assets and funds for HUF.
One(any of the co parcenors) should not gift/donate funds to his HUF. HUF
cannot take any gifts >50000(total value for year).
However, (karta on behalf of) HUF can borrow from others and invest these
monies nd pay interest to the lenders.
HUF corpus can be invested by Karta for better returns. On HUF FDs Karta can
give form 15H to avoid TDS, if HUF income is within taxable limits.
Some ideas to invest through HUF.
1.
Get 50000 every year and build up an investible corpus
2.
Borrow from relatives and invest in avenues as per risk
appetite. Pay reasonable interest and retain the differential.
3.
HUF can invest in 80C instruments and get additional tax
rebate for HUF corpus.
As one explores, one can get many more options
based on one’s knowledge and corpus level.
Thus HUF provides a valuable tool for creating and maintaining family
wealth.